1992 Formal Opinions
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This is in response to your request for a formal opinion regarding the question whether municipalities of this state may utilize the services of an independent contractor, such as a collection agency, to aid municipal officials in collecting delinquent taxes.
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This letter is in response to your request of June 2, 1992 for our opinion concerning the licensing of pharmacies which are owned by physicians.
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In your letter of June 5, 1992, you requested our opinion regarding the validity of certain legislation proposed by the Department Of Income Maintenance (DIM). That legislation would require any recipient, or any attorney representing such an individual, who initiates a legal action against a third party for recovery of medical expenses, to report the filing of that suit to the Department of Income Maintenance.
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You have requested our advice on two questions: (1) Whether under Conn.Gen.Stat. § 12-19a(a), a Payment in Lieu of Taxes (P.I.L.O.T.) grant is payable to a town for a correctional facility if such facility is not on the town's assessment list on the preceding October 1? (2) Whether Public Act No. 91-79, applies to towns that conducted revaluations prior to October 1, 1990 and currently are phasing in such revaluations?
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This letter is in response to your memorandum of August 4, 1992, in which you requested our opinion concerning the meaning and enforcement of Conn. Gen. Stat. §3-112. We understand from the correspondence which you provided with your memorandum that you have requested information and documentation from the Department of Revenue Services ("DRS") concerning the agency's processing of state income tax refunds. In particular, you have requested information concerning the numbers of refunds processed, when they were processed, how they were processed and the estimated number of refunds still pending. You have also inquired into possible reasons for any delays including any instructions which the agency may have given or received to delay the refund process or to separate refunds based on their face amount, and any hardware or software problems which may have occurred.
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In your letter of February 27, 1992, you posed the question whether the filing of an annual report by a trustee under mortgage may be waived by the Banking Commissioner.
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Robert Werner, Division Of Special Revenue, 1992-034 Formal Opinion, Attorney General of Connecticut
You have sought the advice of this office relating to the operation of an off-track betting system in the State of Connecticut. Specifically, you inquire whether, under Conn. Gen. Stat. § 12-167a(b), the operation of "an OTB betting branch facility in the Hartford Jai Alai Fronton would violate the proscription against locating a 'Facility' within 35 miles of the location of the Teletheater in the Town of Windsor Locks ... ?"
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Robert Werner, Division of Special Revenue, 1992-025 Formal Opinion, Attorney General of Connecticut
At the direction of the Gaming Policy Board, you1 seek the opinion of this office as to "whether the division, with the advice and consent of the Board, has the authority under existing legislation to contract with a private entity to assume the operational duties of the OTB system."
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In your letter of November 25, 1991, you request our guidance concerning the issue of personal liability of state officials in light of the Supreme Court's decision in Hafer v. Melo, 112 S.Ct. 358 (1991). To better respond to the issues posed in your letter, we have framed your inquiry as follows: 1. How does the decision of the United States Supreme Court in Hafer v. Melo affect a state official's exposure to personal liability pursuant to 42 U.S.C. § 1983 for acts performed as part of his official duties? 2. Under what circumstances will the state provide for the defense as well as indemnification of a state official when sued personally pursuant to 42 U.S.C. § 1983 for acts taken in the course of the performance of his official duties?
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We are writing in response to your February 25, 1992, and February 27, 1992, requests for an Opinion on the constitutionality of proposed measures before the General Assembly which would impose durational residency requirements upon persons seeking General Assistance welfare benefits in the State of Connecticut. Specifically, you ask: 1) whether the State may deny General Assistance benefits to persons not satisfying a durational residency requirement; 2) whether the State may restrict General Assistance benefits for newcomers to a lower level of support than is available to longer term residents of Connecticut; and 3) whether any such restriction tied to the level of welfare support available in newcomers' previous states of domicile, is permissible.
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This is in response to your request for a formal opinion regarding the confidentiality of information that the Department maintains on individuals with acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV), and hepatitis B.
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By memo dated January 27, 1992 you requested an opinion from this office on whether state law can be construed to allow the Governor the option to not implement ("trigger off") an otherwise operable extended unemployment compensation benefit program (EB) should unemployment continue to rise to a certain level in this state. The purpose of this option is to allow the state's unemployed to be subject solely to a federally-funded emergency unemployment compensation (EUC) program. You also ask, assuming such a construction is allowable, whether the Governor may delegate the authority to "trigger off" state EB, as well as the authority to make all necessary contractual arrangements with the U.S. Department of Labor for administration of the EUC program, to the Administrator of the Unemployment Compensation Act pursuant to Conn.Gen.Stat. Section 31-250.
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This is in response to your recent request for an opinion on whether the Division of Special Revenue must conduct a hearing, under the provisions of the Uniform Administrative Procedure Act (UAPA), prior to revoking a lottery agent's license1 for failure to meet pre-established minimum sales levels for on-line and instant lottery ticket sales.2 Specifically, you inquire as to whether a lottery license is a "license" as that term is contemplated by the UAPA. We also understand that a question is raised as to the practical need for a hearing inasmuch as evidence of sales levels is documented and, presumably, incontestable.
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This is in reply to your request for our opinion of whether the Central Connecticut State University Alumni Association, Inc. (hereinafter "the Association") is a "foundation" as defined by Conn. Gen. Stat. § 4-37e(2). Foundation status would subject the Association to the requirements of Chapter 47 of the General Statutes (Conn. Gen. Stat. §§4-37e - 4-37i), including possibly full audits by the State Auditors.
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The issue addressed in this opinion is whether Special Revenue Investigators may carry firearms.1 Special Revenue Investigators are employed by the Division of Special Revenue (DOSR) to investigate violations of the state's legalized gambling laws. In addition, they are statutorily granted the powers of State Police to make arrests for criminal offenses2 arising from the operation or conduct of the State's off-track betting and lottery.